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Trademark Law

Las Vegas Trademark Attorney

Covers a wide variety of trademark issues, especially in Las Vegas and the 9th Circuit.
By Ryan Gile

Post Frequency: 2.1/day

Last Entry: May 24, 2010 at 14:15:00

Second Circuit Overturns Google?s District Court Victory on Trademark Keyword Sales

Posted on April 04, 2009
Yesterday I posted (link here) about a Massachusetts district court decision finding that a party?s purchase of a trademarked keyword to trigger sponsored links constitutes a "use" within the meaning of the Lanham Act. That court?s decision noted that the ?the Second Circuit stands alone in holding that the purchase of a competitor's trademark to trigger internet advertising does not constitute a use for the purposes of the Lanham Act...

Massachusetts District Court Finds Keyword Purchase Constitutes Trademark Use

Posted on April 02, 2009
A Massachusetts District Court has held that the purchase of a trademarked keyword to trigger sponsored links constitutes a "use" within the meaning of the Lanham Act. See Hearts on Fire Company, LLC v. Blue Nile, Inc., Case No. 08-cv-11053 (D. Mass. March 27, 2009)...

State of Florida Suing Rapper Flo Rida for Trademark Infringement ? NOT

Posted on April 01, 2009
A trademark April Fool?s Joke? You be the judge. Click here for the story on HipHopRx regarding the initial rumors that rapper Flo Rida was going to be sued by the State of Florida over his name and the subsequent confirmation that no such action was being contemplated...

?Heavy Hitter? Socks Trademark Infringer with Attorneys Fees Award

Posted on March 30, 2009
Michael Atkins? Seattle Trademark Lawyer blog posted today (link here) about a trademark infringement victory for Las Vegas? favorite personal injury lawyer, Glen Lerner.The Ninth Circuit Court of Appeals affirmed a Nevada District Court decision awarding Lerner $124,375 in attorney?s fees for the willful infringement of Lerner?s ?ONE CALL...

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Salt Lake City Sues TSA Over SIMPLIFLY

Posted on March 25, 2009
On March 23, 2009, Salt Lake City Corporation (?SLC?), the municipal corporation which includes the Salt Lake City Department of Airports which operates and manages the Salt Lake City International Airport, filed a trademark infringement lawsuit against the U...

SmileyWorld's Franklin Loufrani Suffers Setback in Quest for World Domination of the Smiley Face

Posted on March 25, 2009
I have previously written (here and here) about the efforts by Franklin Loufrani to claim exclusive ownership rights over the famed ?smiley face? (although admittedly those posts were primarily focused more on the efforts of Eat ?N Park Hospitality Group, Inc...

Is "The Good Guy" the next "Heavy Hitter"?

Posted on March 23, 2009
There?s a new personal injury lawyer in town (or at least a new one advertising on TV) . . . Sam Harding (pictured above -- complete with cowboy hat).You know times must be tough ? even for lawyers?based on the amount of lawyer ads running on TV these days -- or perhaps it is an indication that TV stations have lowered their ad rates for TV commercials to such a level that such advertisements are now more cost effective for attorneys, but I digress...

Ninth Circuit ?Eviscerates? Laches Defense Against Trademark Infringement

Posted on March 20, 2009
The Ninth Circuit has denied a defendant the defense of laches against a plaintiff despite the fact that the plaintiff waited seven years to assert its trademark rights ? all because the defendant had (in the majority?s view) not spent that enough money developing the alleged infringing mark as its own (and thus was not prejudiced by the delay)...

March Madness Trademark Frenzy

Posted on March 19, 2009
Much like how the Super Bowl� brand championship football game becomes a perennial favorite topic of trademark gurus every January, the same can be said for the trademark MARCH MADNESS during the month of March. See L.A. Times article ?March Madness attracts the eagle eyes of trademark lawyers...

Geisha LLC Denied Summary Judgment Over New York Man?s JAPONAIS Trademark Registration

Posted on March 18, 2009
There was another court decision in the long running battle between the founders of the restaurant Japonais and a New York man who was first to file a trademark registration application for the JAPONAIS mark with the U.S. Patent and Trademark Office (?USPTO?)...

The Ritz Wins Early Victory Against �38 Damage Claims

Posted on March 17, 2009
On March 9, 2009, U.S. District Court Judge Norma Shapiro found that a Pennsylvania company?s counterclaims for damages under 15 U.S.C. �1120 arising from alleged fraudulent registrations were barred by the statute of limitations. See The Ritz Hotel, Ltd...

Michael E. Hall Ups The Ante In The Trademark Blawgosphere

Posted on March 13, 2009
Those of us in the small world of trademark blogs already know Michael E. Hall for his comments and insights on trademark law which he often posts on other trademark blogs.Well Michael has finally decided to take the plunge into the legal blogosphere by starting his own trademark law blog ? Registration Ruminations (admittedly a better blog name than Las Vegas Trademark Attorney)...

Chicago Cubs Sue Another Wrigley Field Rooftop Club

Posted on March 12, 2009
I previously wrote (link here) about the trademark infringement lawsuit filed in February 2008 by the Chicago National League Ball Club, L.L.C., the owner of the Chicago Cubs Major League Baseball team (the ?Cubs?), against the owners of two baseball clubs in the business of selling rooftop seats which allow patrons to watch Cubs games played at Wrigley Field because of the close proximity of Wrigley Field to the building rooftops where the clubs operate...

Rosetta Stone Announces Settlement of Search Engine Keyword Trademark Infringement Lawsuit

Posted on March 10, 2009
A blogging two-for-Tuesday . . .I previously wrote (link here) about the trademark infringement lawsuit filed last year by Rosetta Stone Ltd. (?Rosetta Stone?), the publisher of the Rosetta Stone line of interactive computer software for learning foreign languages, against two New Zealand companies, Rocket Languages Ltd...

Incorp Services Sues Legalzoom Over False Statements

Posted on March 10, 2009
This lawsuit is a little stale in the blogging world (filed about a month ago), but since it doesn?t seem to have gotten much press anywhere and it involves three of my favorite things (Nevada, business formation, and trademark law), I could not help but give it a passing mention...

Nothing says Sweet & Sour like a Cupcake and Crossbones

Posted on March 05, 2009

?Smiley? Cookie Owner Brings More Frowns With Another Trademark Infringement Lawsuit

Posted on March 04, 2009

Fourth Circuit Affirms Lower Court Decision That OBX Creator Has No Trademark Rights To The Term

Posted on March 02, 2009

Upper Deck Sues Former Partner Konami Over Hologram

Posted on February 26, 2009

District Court Rules Against Florida Man Who Sued Owners of UNIX Trademarks

Posted on February 24, 2009
Wayne R. Gray, a Florida man who sought to register (and use) the trademark iNUX in connection with a computer operating system, has suffered a defeat in his lawsuit against the companies behind the UNIX trademarks. U.S. District Court Judge Virginia Hernandez Covington of the U...

POP ROCKS sues ROCK'N'POP for trademark infringement

Posted on February 20, 2009
The owner of POP ROCKS carbonated popping candy (or ?gasified candy?) filed suit against the makers of a popping candy sold under the name ROCK'N'POP.Zeta Espacial S.A. (?Zeta?), a corporation based in Spain, is the company which currently owns numerous federal trademark registrations for the mark POP ROCKS...

Article Spotlights VitaminWater Trade Dress Enforcement

Posted on February 19, 2009
Law.com posted an article (link here) regarding the trade dress enforcement efforts undertaken by Energy Brands, Inc. (d/b/a Glac�au), the company behind the fruit-flavored ?enhanced? water VitaminWater which was purchased by Coca-Cola in 2007 for $4...

M�lange of Trademark Stories

Posted on February 17, 2009
Gummy Bears BattleThe owner of the registered mark GUMMY BEARS (for Bracelets, Charm Danglers, General Jewelry as well as Toys and playthings, namely, board games, stuffed animals, infant toys, and musical toys) which also has a variety of other pending trademark applications filed a lawsuit against New Jersey-based Gummy Bear International (?GBI?) for using the mark in connection with the sale of music videos, animation, ringtones, mp3s, posters, stickers, and other goods (and which has its own pending applications for GUMMIB�R and GUMMY BEAR)...

Hualapai Tribe opens a new front in its long running trademark battle over GRAND CANYON WEST

Posted on February 13, 2009
The "Skywalk"at the Hualpai Tribe's Grand Canyon WestI previously wrote (link here) about the Trademark Trial and Appeal Board decision in the opposition filed by Grand Canyon West Ranch, LLC (?Ranch?) against the Hualapai Tribe over the Indian tribe?s attempt to register the mark GRAND CANYON WEST...

Adidas? $305 Million Trademark Infringement Jury Verdict Not Exceptional Enough to Merit Attorney Fees

Posted on February 12, 2009
On February 6, 2009, the court involved in the ?epic? adidas v. Payless trademark infringement lawsuit that in July of last year resulted in a jury verdict of $305 million (although later reduced by the court to $65 million) has decided that the case is not exceptional enough to award attorney?s fees...

Yahoo! gets partial victory in AKAUSHI keyword lawsuit

Posted on February 10, 2009
The Akaushi (Japanese Red) breed of Wagyu cattle(How do you say "moo" in Japanese?)Heartbrand Beef, Inc. (?Heartbrand?), which claims to be the only U.S. provider of Akaushi beef (meat from Akaushi cattle, a heavily regulated breed of cow from Japan), filed a lawsuit last July against Defendants Lobel?s Of New York, LLC (?Lobel?s?); Worldwide Media, Inc...

Archway Cookies Sues Voortman Cookies for Trade Dress Infringement

Posted on February 10, 2009
The Charlotte Observer had a story today on a trade dress infringement lawsuit filed last week by Charlotte, North Carolina based cookie company, Lance Mfg LLC, and Archway Bakeries, LLC ?? the owner of the Archway Cookies brand and purchased by Lance out of bankruptcy in December ?? against Ontario, Canada-based Voortman Cookies Ltd...

Adventist Church Wants U.S. Government Agencies to ?Quit Now!?

Posted on February 06, 2009
On February 3, 2009, The General Conference of Seventh-day Adventists (?GCSA?), the governing organization of the Seventh-day Adventist Church, filed a trademark infringement lawsuit against the U.S. Department of Health and Human Services (?HHS?) and the National Institutes of Health (?NIH?) in the U...

Bill introduced in Nevada Legislature to Update Nevada?s trademark laws

Posted on February 04, 2009
Nevada?s state trademark laws will get a significant makeover if a recently introduced bill (Assembly Bill No. 115) is passed by the Nevada Legislature during its feverish 120 day session (the Nevada legislature, by law, meets biennially and its session is limited to 120 calendar days) and signed into law by the Governor...

One Former Las Vegas Businessman is a Trademark ?Virgin? No More

Posted on February 02, 2009
A former Las Vegas businessman got a lesson in trademark law and found out the hard way how seriously some large companies take their trademarks.This last Saturday, the Las Vegas Review Journal had an article (link here) about a lawsuit filed by Virgin Enterprises, Ltd...

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